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HOLTZE CONSTRUCTION v. MARSHALL

No. 79-1957.

627 F.2d 149 (1980)

H. S. HOLTZE CONSTRUCTION COMPANY, Petitioner, v. F. Ray MARSHALL, Secretary of Labor, United States Department of Labor, and the Occupational Safety and Health Review Commission, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided August 8, 1980.

Attorney(s) appearing for the Case

I. John Rossi, Des Moines, Iowa, for petitioner.

John R. Bradley, Atty., U. S. Dept. of Labor, Washington, D. C., argued, Carin A. Clauss, Sol. of Labor, Benjamin W. Mintz, Associate Sol., Washington, D. C., on brief, for Occupational Safety and Health.

Allen H. Feldman, Counsel, and John A. Bryson, Acting Asst. Counsel, Washington, D. C., for App. Litigation.

Before ROSS, Circuit Judge, GIBSON, Senior Circuit Judge, and HANSON, District Judge.

ROSS, Circuit Judge.

This action arises under the Occupational Safety and Health Act of 1970 (Act), 29 U.S.C. § 651 et seq. Petitioner, H. S. Holtze Construction Company (Holtze), is a contractor who at all times relevant to this action was engaged in the construction of three-story buildings in an apartment complex. On October 30, and 31, 1975, a compliance officer of the Occupational Safety and Health Administration inspected this worksite and noted...

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